UK carpark managment (a defence draft)

mahrez1980

Le_Kirk said:

I will refer to this bundle as EB_01 to EB_10 (or whatever is your last piece of evidence)
from V…… close , please refer to Exhibit EB_01
As a taxi driver, Part of my job is to help the customers with their shopping if requested.  My customer was an elderly gentleman with a stick, I had to take his shopping to his house doorstep, so I parked opposite his street after the customer said it is OK to park there.  By the time I had helped the customer and returned to the vehicle, the PCN ticket was already on my screen with no one to be seen in the area. I am one hundred percent sure that it wasn’t event even 10 minutes between parking my taxi vehicle and walking to the customer doorstep and back. I have had not been alerted by the my customer I had at that time that it is was a private parking area when I asked him, so even the local resident who lives less then meters than metres [you earlier refer to yards - keep the same units] away from the so called private parking area did not realise  it is was a private parking area. I feel that I have been was penalized penalised for doing my job.

I have adjusted the first part of your witness statement but you need to go through the rest of it and check for spelling, grammatical and punctuation errors.  It has to be read by a judge and he/she will need to understand clearly what you are trying to say - for example carpark is car park.

Remove 7.2 as that is an old argument.

Whilst you have some good arguments about the Abuse of Process, I am not sure it is up to date with the latest court cases.  Check this post: -

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

by Coupon-mad and look at the cases she refers to, maybe you could use those.

Hi there 
cant thank you enough for your time.
all points mentioned taken and rectified 
i am very sorry for the spelling mistakes 
1-    7.2 removed 
2  -the below paragraph was added to point 1
Ihave just add this sentence to point 1

1.     I, Mr xxxxxxxxx of xxxxxxxxxxxxxxx, am the defendant against whom this claim is made I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience. In this Witness statement. I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

any paragraph that suits my abuse of process please ?

Le_Kirk

1.     I, Mr xxxxxxxxx of xxxxxxxxxxxxxxx, am the defendant

should be: -

1.     I am the defendant

They know who you are, it is on your papers.  Follow the link I posted and read the defence posted by Coupon-mad (it is the one in the drop box link).  Whilst it is a DEFENCE and you are writing a WITNESS STATEMENT, the points about abuse of process that Coupon-mad wrote and used in Southampton court are valid for your case.

Umkomaas

mahrez1980 said:

Le_Kirk said:

I will refer to this bundle as EB_01 to EB_10 (or whatever is your last piece of evidence)
from V…… close , please refer to Exhibit EB_01
As a taxi driver, Part of my job is to help the customers with their shopping if requested.  My customer was an elderly gentleman with a stick, I had to take his shopping to his house doorstep, so I parked opposite his street after the customer said it is OK to park there.  By the time I had helped the customer and returned to the vehicle, the PCN ticket was already on my screen with no one to be seen in the area. I am one hundred percent sure that it wasn’t event even 10 minutes between parking my taxi vehicle and walking to the customer doorstep and back. I have had not been alerted by the my customer I had at that time that it is was a private parking area when I asked him, so even the local resident who lives less then meters than metres [you earlier refer to yards - keep the same units] away from the so called private parking area did not realise  it is was a private parking area. I feel that I have been was penalized penalised for doing my job.

I have adjusted the first part of your witness statement but you need to go through the rest of it and check for spelling, grammatical and punctuation errors.  It has to be read by a judge and he/she will need to understand clearly what you are trying to say - for example carpark is car park.

Remove 7.2 as that is an old argument.

Whilst you have some good arguments about the Abuse of Process, I am not sure it is up to date with the latest court cases.  Check this post: -

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

by Coupon-mad and look at the cases she refers to, maybe you could use those.

Hi there 
cant thank you enough for your time.
all points mentioned taken and rectified 
i am very sorry for the spelling mistakes 
1-    7.2 removed 
2  -the below paragraph was added to point 1
Ihave just add this sentence to point 1

1.     I, Mr xxxxxxxxx of xxxxxxxxxxxxxxx, am the defendant against whom this claim is made I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience. In this Witness statement. I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

any paragraph that suits my abuse of process please ?

Well, that was my previous post duly ignored. I won't spend any more time banging my head against the wall.

Le_Kirk

I replied to your post at 4.02 by posting at 4.23.  Did you find the defence posted by Coupon-mad in the link I supplied?  Does it help?

mahrez1980

Umkomaas said:

mahrez1980 said:

Le_Kirk said:

I will refer to this bundle as EB_01 to EB_10 (or whatever is your last piece of evidence)
from V…… close , please refer to Exhibit EB_01
As a taxi driver, Part of my job is to help the customers with their shopping if requested.  My customer was an elderly gentleman with a stick, I had to take his shopping to his house doorstep, so I parked opposite his street after the customer said it is OK to park there.  By the time I had helped the customer and returned to the vehicle, the PCN ticket was already on my screen with no one to be seen in the area. I am one hundred percent sure that it wasn’t event even 10 minutes between parking my taxi vehicle and walking to the customer doorstep and back. I have had not been alerted by the my customer I had at that time that it is was a private parking area when I asked him, so even the local resident who lives less then meters than metres [you earlier refer to yards - keep the same units] away from the so called private parking area did not realise  it is was a private parking area. I feel that I have been was penalized penalised for doing my job.

I have adjusted the first part of your witness statement but you need to go through the rest of it and check for spelling, grammatical and punctuation errors.  It has to be read by a judge and he/she will need to understand clearly what you are trying to say - for example carpark is car park.

Remove 7.2 as that is an old argument.

Whilst you have some good arguments about the Abuse of Process, I am not sure it is up to date with the latest court cases.  Check this post: -

https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

by Coupon-mad and look at the cases she refers to, maybe you could use those.

Hi there 
cant thank you enough for your time.
all points mentioned taken and rectified 
i am very sorry for the spelling mistakes 
1-    7.2 removed 
2  -the below paragraph was added to point 1
Ihave just add this sentence to point 1

1.     I, Mr xxxxxxxxx of xxxxxxxxxxxxxxx, am the defendant against whom this claim is made I am unrepresented, with no experience of Court procedures. If I do not set out documents in the way that the Claimant may do, I trust the Court will excuse my inexperience. In this Witness statement. I believe that the facts stated in this witness statement are true.  I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

any paragraph that suits my abuse of process please ?

Well, that was my previous post duly ignored. I won't spend any more time banging my head against the wall.

i promise you 
my knowledge is limited and not that perfect in finding terms mentioned so sorry 

D_P_Dance

Well, that was my previous post duly ignored. I won't spend any more time banging my head against the wall.

I feel that way a lot, especially when people cannot be bothered to complain to their \MP or the SRA. 

Le_Kirk

OP, if you still have time, go to this link: -
https://www.dropbox.com/s/02dk9z3pe2kb72n/Template%20defence%202020%20without%20C.docx?dl=0
click on it and it will open.  Read through it and you can use words from paragraphs 2 - 7  as arguments as to why the claimant is abusing the process by asking for more than the permitted amount.  Be careful, because you are submitting a Witness Statement not a defence, so make sure it reads correctly.  You will also see that a figure is given in RED and that needs changing to reflect the figure being claimed in your case.

mahrez1980

Morning everyone 
another case won 
just ended a telephone hearing call. Judge said (CASE DISMISSED). 
what a relief, would like to thank any and everyone that contributed towards this winning.(all of you here, thank you).
not sure if i am allowed to put forward a cost sheet to UK car park management or just leave it?
when asked the judge he said (well I am dismissing the case). 

Redx

Any summary costs assessment should have gone to court and claimant and you should have asked the judge on the phone to rule on your costs , so no you don't ask the claimant , you should have asked the judge at the time

Well done on your win , tell us more

mahrez1980

Thank you
KeithP.....Coupon-mad.....Redx....1505grandad...The_Deep.